Chapter 27 HOUSING CODE - Honolulu

1 Chapter 27. HOUSING code . Articles: 1. General Provisions 2. Definitions 3. Inspections 4. Space and Occupancy Standards 5. Structural Requirements 6. Mechanical Requirements 7. Exits 8. Fire Protection 9. Substandard Buildings (10. Notices and Orders of Building Official--Appeals. Repealed by Ord. 97-50). 10. Enforcement 11. Severability Article 1. General Provisions Sections: Findings--Intent. Short title. Application--Compliance required. Sec. Findings--Intent. (a) Findings. The council finds that there are buildings, or structures, or portions thereof, used or designed or intended to be used for human habitation in the City and County of Honolulu , which are unfit for such habitation due to dilapidation; disrepair; structural defects; defects increasing the hazards of fire, accidents or other calamities; lack of adequate ventilation, light or sanitary facilities; uncleanliness; overcrowding.

2 Inadequate ingress and egress; inadequate drainage; violation of the health and fire regulations; and violation of other laws, regulations and ordinances relating to the use of land and the use and occupancy of buildings and improvements. (b) Declaration of Intent. In view of the foregoing findings the council declares that: (1) The purpose of this code is to provide minimum standards to safeguard life and limb, health, property and public welfare by regulating and controlling the use and occupancy, location and maintenance of all residential buildings and structures within the city. (2) The provisions prescribed hereinbelow are based on the standards contained in the Uniform HOUSING code , 1994 Edition, as copyrighted and published in 1994 by the international conference of building officials, 5360 South Workman Mill Road, Whittier, California. (Sec. , 1978 (1983 Ed.))

3 ; Am. Ord. 97-50). Sec. Short title. This Chapter shall be known as the " HOUSING code ," may be cited as such, and will be referred to in this Chapter as "this code ." (Sec. , 1978 (1983 Ed.); Am. Ord. 97-50). Sec. Application--Compliance required. (a) Application. (1) The provisions of this code shall apply in the City and County of Honolulu to any building, as defined in this code . (2) Where any building is used or intended to be used as a combination apartment house-hotel, the provisions of this code relative to each part of such combination shall apply to such part as if it were a separate building. (3) Every rooming house, congregate residence or lodging house shall comply with all the requirements of this code for dwellings. (b) Alteration. When alterations, additions or repairs are made to an existing building, such alterations, additions or repairs shall conform to the provisions of this code .

4 (c) Relocation. Buildings or structures moved into or within this jurisdiction shall comply with the requirements in the building code for new buildings and structures. (Sec. , 1978 (1983 Ed.); Am. Ord. 97-50). Article 2. Definitions Sections: Definitions. Sec. Definitions. For the purpose of this code , certain terms, phrases, words and their derivatives shall be construed as specified in either this Chapter or as specified in the building code . Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

5 "Building" means any building or structure, or portion thereof, which is used, or designed or intended to be used for human habitation, for living, sleeping, cooking or eating purposes or any combination thereof and including any appurtenances belonging thereto or usually enjoyed therewith. The term shall include, without limiting the generality of the foregoing, any structure mounted on wheels or otherwise, such as a trailer, wagon or powered vehicle which is parked and stationary and used for living purposes. The term shall not include any jail, hospital, asylum, sanitarium, orphanage, prison, detention home or other institution in which human beings are housed and detained under legal restraint. "Building code " means the building code of the City and County of Honolulu , as amended. "Ceiling height" means the clear vertical distance from the finished floor to the finished ceiling.

6 " Chapter 21" means the Land Use Ordinance of the city. "Family" is as defined in Chapter 21. "Health officer" means the director of health of the department of health, State of Hawaii, or the director's duly authorized agent. "Hot water " means water at a temperature of not less than 110 degrees Fahrenheit. "Kitchen" is as defined in Chapter 21. "Nuisance." The following shall be defined as nuisances: (1) Any public nuisance known at common law or in equity jurisprudence;. (2) Any attractive nuisance which may prove detrimental to children whether in a building or on the premises of a building or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.

7 (3) Whatever is dangerous to human life or is detrimental to health, as determined by the health officer;. (4) Overcrowding a room with occupants;. (5) Insufficient ventilation or illumination;. (6) Inadequate or unsanitary sewerage or plumbing facilities;. (7) Uncleanliness, as determined by the health officer; and (8) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health officer. "Rooming house" means a lodging house. "Service room" means any room used for storage, bath or utility purposes, and not included in the definition of habitable rooms. "Substandard building" means a building as defined in Section "Superficial floor area" means the net floor area within the enclosing walls of a room in which the ceiling height is not less than five feet, excluding built-in equipment such as wardrobes, cabinets, kitchen units or fixtures.

8 "Used" means used or designed or intended to be used. "Vent shaft" means a court used only to ventilate or light a water closet, bath, toilet, utility room or other service room. "Window" means a fixed or operable glazed opening or a shuttered opening using transparent, or translucent materials. "Yard" is as defined in Chapter 21. (Sec. , 1978 (1983 Ed.); Am. Ord. 97-50). Article 3. Inspections Sections: Inspections. Sec. Inspections. All buildings and structures within the scope of this code shall be subject to inspection by the building official as provided in Section (b). (Sec. , 1978 (1983 Ed.); Am. Ord. 97-50). Article 4. Space and Occupancy Standards Sections: Location on property. Yards and courts. Room dimensions. Light--Ventilation. Sanitation. Sec. Location on property. Access to Public Property. All buildings shall be located with respect to property lines and to other buildings on the same property as required by this code , the building code and all statutes, regulations and ordinances applicable to buildings.

9 Each dwelling unit and each guest room in a dwelling or a lodging house or a congregate residence shall have access to a passageway, not less than three feet in width, leading to a public street or alley. Each apartment house or hotel shall have access to a public street by means of a passageway not less than 44. inches in width and seven feet in height. (Sec. , 1978 (1983 Ed.); Am. Ord. 97-50). Sec. Yards and courts. (a) Scope. This section shall apply to all spacing between buildings or structures and lot boundaries, between buildings or structures on the same lot and between the walls of a court. (b) Spacing. Minimum horizontal spacing shall be provided as follows: (1) Between a wall of a building or structure with required windows and a vertical plane through a lot boundary, the spacing shall be as follows: (A) For buildings or structures not more than 15 feet in height, not less than five feet.

10 (B) For buildings or structures not more than 25 feet in height, five feet plus one foot for each two feet in height for that portion in excess of 15 feet in height. (C) For buildings or structures more than 25 feet in height, 10 feet plus one foot for each 10. feet in height for that portion in excess of 25 feet in height, up to a maximum of 20 feet. (2) Between the walls of a building or structure and between exterior walls of same structure on the same lot, minimum horizontal spacing shall be provided in accordance with subdivision (1) of this subsection from a vertical plane through an assumed lot boundary located between, but not necessarily equidistant from the walls if there is a required window in one or both of the walls. (3) If the spacing required by subdivision (1) or (2), or by any other provision of law is reduced through a change or establishment of a boundary line, said building or structure shall be moved and/or altered to meet all the appropriate provisions stated above.